Short-landing of imported cargo was not proved where landing records were absent and survey data showed excess landing.

Imported bulk cargo was alleged to have been short-landed, but the record did not satisfactorily establish the shortage because no tally at the time of landing by the Port Trust was available and the draught survey indicated only a slight excess landing. On that material, the allegation of short-landing was not proved. The penalty therefore could not be sustained, and refund of the amount ordered was warranted.

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Issues: Whether the alleged short-landing of imported cargo was established and, if not, whether the penalty sustained by the appellate authority was liable to be refunded.

Analysis: The record showed that the cargo was bulk cargo and that no tally at the time of landing by the Port Trust was available. A draught survey was also relied upon, which indicated slight excess landing. In these circumstances, the material on record did not satisfactorily establish short-landing.

Conclusion: The allegation of short-landing was not proved. The penalty could not be sustained and refund of the amount ordered was warranted.

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